Opinion
S051342
04-21-2016
PEOPLE v. CUNNINGHAM (JOHN LEE)
Order appointing Habeas Corpus Resource Center filed
On the court's own motion, the order appointing Michael G. Millman, as Executive Director of the California Appellate Project in San Francisco, to serve as interim habeas corpus/executive clemency counsel of record for condemned inmate John Lee Cunningham, filed November 30, 2011, is hereby vacated.
Upon request of condemned inmate John Lee Cunningham for appointment of counsel, the Habeas Corpus Resource Center is hereby appointed to represent John Lee Cunningham for habeas corpus/executive clemency proceedings related to the above automatic appeal now final in this court.
Any “petition for writ of habeas corpus will be presumed to be filed without substantial delay if it is filed . . . within 36 months” of this date (Supreme Ct. Policies Regarding Cases Arising From Judgments of Death, policy 3, timeliness std. 1-1.1), and it will be presumed that any successive petition filed within that period is justified or excused (see In re Clark (1993) 5 Cal.4th 750, 774-782), in light of this court's delay in appointing habeas corpus/executive clemency counsel on behalf of condemned inmate John Lee Cunningham.